Report Title:

Vehicular Emissions; Department of Health Regulations

Description:

Directs the department of health to develop rules that achieve the maximum feasible reduction of greenhouse gases emitted by passenger vehicles, light-duty trucks, and other types of vehicles as determined by the department.

THE SENATE

S.B. NO.

1553

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to vehicular emissions.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 342B, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§342B-   Vehicular emissions; greenhouse gases. (a) The department shall establish greenhouse gas emission standards that achieve the maximum feasible reduction of greenhouse gases emitted by passenger vehicles, light-duty trucks, and any other vehicles determined by the department to be vehicles whose primary use is noncommercial personal transportation in the State.

(b) For the purposes of this section, the following definitions apply:

"Greenhouse gases" include all of the following gases: carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.

"Maximum feasible and cost-effective reduction of greenhouse gas emissions" means the greenhouse gas emission reductions that the department determines meet both of the following criteria:

(1) Capable of being successfully accomplished by June 30, 2014, taking into account environmental, economic, social, and technological factors; and

(2) Economical to an owner or operator of a vehicle, taking into account the full life-cycle costs of a vehicle.

"Motor vehicle" means a passenger vehicle, light-duty truck, or any other vehicle determined by the department to be a vehicle whose primary use is noncommercial personal transportation."

SECTION 2. No later than January 1, 2007, the department of health shall adopt rules under chapter 91, Hawaii Revised Statutes, that achieve the maximum feasible and cost-effective reduction of greenhouse gas emissions from motor vehicles. The rules shall not take effect until on or after January 1, 2008 in order that the legislature may review the rules to determine whether further legislation should be enacted. These rules shall apply only to a motor vehicle manufactured in the 2011 model year, or any subsequent model year. Within ten days of adopting the rules, the department shall transmit the rules to the legislature for review. The legislature shall hold at least one public hearing to review the rules.

SECTION 3. Evaluative factors. In developing the rules described in section 2, the department of health shall do the following:

(1) Consider the technological feasibility of the rules;

(2) Consider the impact the rules may have on the economy of the State, including, but not limited to:

(A) The creation of jobs within the State;

(B) The creation of new businesses or the elimination of existing businesses within the State; and

(C) The expansion of business activity among businesses doing business within the State;

(3) Provide flexibility, to the maximum extent consistent with this Act, in the means by which a person subject to the rules may comply with the rules. That flexibility shall include, but not be limited to, authorization for a person to use alternative methods to comply with the rules. In carrying out the aim of this paragraph, the department shall ensure that any alternative methods for compliance achieves at least the equivalent, or greater, reduction in emissions of greenhouse gases as the emission standards contained in the rules;

(4) Grant emissions reduction credits for any reductions in greenhouse gas emissions from motor vehicles that were achieved prior to the operative date of the rules, to the extent permitted by state and federal law governing emissions reduction credits. For purposes of this subsection, the department shall utilize the 2005 motor vehicle model year as the baseline for calculating emission reduction credits; and

(5) Provide appropriate enforcement and administrative penalties for any person that violates the rules.

SECTION 4. Excluded provisions. The rules adopted by the department of health pursuant to this Act shall not include any of the following:

(1) The imposition of additional fees and taxes on any motor vehicle, fuel, or vehicle miles traveled, pursuant to this section or any other provision of law;

(2) A ban on the sale of any vehicle category in the State, including sport utility vehicles and light-duty trucks;

(3) A reduction in vehicle weight;

(4) A limitation or reduction of the speed limit on any street or highway in the State; or

(5) A limitation or reduction of vehicle miles traveled.

SECTION 5. Not later than July 1, 2006, the department of health shall adopt procedures for the reporting of reductions in greenhouse gas emissions from mobile sources.

SECTION 6. By January 1, 2007, the department of health shall provide a report to the legislature and the governor on the content of the rules developed and adopted pursuant to this Act, including the specific evaluative factors developed by the State pursuant to section 3 of this Act. The report shall include, but not be limited to, an analysis of the following:

(1) The impact of the rules on communities in the State with the most significant exposure to air contaminants or toxic air contaminants; and

(2) The economic and public health impacts of regulatory actions on the State.

SECTION 7. If the federal government has adopted, or adopts, regulations regarding greenhouse gas emissions from new motor vehicles that the department of health determines is at least as stringent and effective as the department's proposed rules, the department may elect not to adopt a standard regarding any greenhouse gas included in the federal standard.

SECTION 8. New statutory material is underscored.

SECTION 9. This Act shall take effect upon its approval.

INTRODUCED BY:

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